On November 24, 2022, the New York Adult Survivors Act ("ASA"), a new law signed in May by Governor Kathy Hochul, will go into effect. The law provides individuals with a one-year window within which to assert legal claims based on alleged sexual offenses that would otherwise be time-barred by the statute of limitations. During the one-year period, from November 24, 2022 to November 23, 2023, individuals will be permitted to bring civil actions against individuals and institutions (including employers) for legal claims based on alleged sexual offenses and related negligent and intentional acts on the part of an institution.
The ASA follows the recent passage of similar legislation in New York providing a limited exception to the statute of limitations for claims relating to allegations of sexual misconduct. The ASA is modeled on the New York Child Victims Act (CVA), enacted in 2019, which permitted a one-year window for individuals who had previously time-barred claims of alleged child abuse to assert them in court against individuals and institutions. Also in 2019, New York extended the statute of limitations from three years to 20 years for adults to file certain civil lawsuits relating to sex crimes, but that legislation does not apply retroactively to claims that have already been time-barred.
The one-year window under the ASA applies to otherwise time-barred claims based on sexual offenses, including, but not limited to, sexual misconduct, rape, forcible touching,...
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